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Expert Analysis

Reducing M&A Risks With Caps And Baskets

By Josef Volman and Daniel Hughes, Burns & Levinson LLP (May 11, 2017, 12:03 PM EDT) -- Most buyers and sellers of businesses believe the purchase price is the most important term of the agreement. Many lawyers think the representations and warranties are the most important terms in the agreement. In reality, indemnification is where the action is. Furthermore, the cap and basket provisions within the "indemnity package" can give indemnification within an agreement real bite or leave it toothless....

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